A.C. RAO, J.

1. The present Appeal is directed against the judgment and order dated 5th May 2016 passed by the Sessions Judge, Surendranagar, in the Sessions Case No.75 of 2014, by which the Sessions Court convicted the appellant herein – original accused for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to undergo life imprisonment with fine of Rs.10,000/-, and in default of payment of the amount of fine, to undergo simple imprisonment for a further period of one year.

I. CASE OF THE PROSECUTION :

2. The case of the prosecution, in nutshell, is as under : (1) On 23.03.2014, the appellant-accused inflicted a knife blow on the chest of the deceased – Bhavin, i.e. the son of the complainant – Chandrikaben. At earlier point of time, Bhavin was taken to the Referral Hospital, Chotila, by his friend Jignesh. Thereafter, he was taken to the Life Care Hospital, Rajkot. On the way to the Life Care Hospital, Rajkot, the deceased Bhavin conveyed to the complainant, i.e. Chandrikaben, and her daughter-in-law, i.e. Kajal, that the appellant –